The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-21
THE UNITED STATES CAN NOW BE SUED.
A Great Change Made in the Lava New
Right of the Citizens.

A Great Change Made in the Lava New
Right of the Citizens.
Baltimore American.
There was an act of Congress- passed at the
close of the last session, which has never been
specially brought to the attention of the public.
but which is of great Importance. 1t is radi-
cal departure from the time honored rule that q
sovereign power or state cannot be sued by an
individual since it gives the right to any citizen
to sue the general government and IS privi-
lege gra nted by no State in the Union to-day. Not
only that but the citizen sue at his own
home instead of at Washington.
By act of Congress approved March 3. 1887,
entitled AN act to provide for the bringing of
suits against the governments of the United
States" it is provided ~ that the Court of
Claims shall have jurisdiction to hear and deter
mine all claims founded upon the Constitution or
any law of Congress- except for pensions, or up
any regulation of executive department,
or upon any contract, expressed implied !,
with the government, or for damages, liauida-
ted or unliQuidated. in cases not sounding in
tort. in respect to which claims the party would
be entitled to redress against the United States
either in court of law. equity. or admiralty, It
the United States was suable; provided, how
ever, that nothing in this section shall be con-
strued giving to either of the courts herein
mentioned jurisdiction to hear and determine
claims growing out of the late civil war, and
commonly known as war CLAIMS or to hear
and determine other claims which h. We heretofor e
been rejected or reported adversely uoon by any
court, department, or commission authorized TO
hear and determine the same. All eet-offs coun-
ter-claims claims for damages, whether linqui-
dated or uniinquidated. or other demands on the
part of the government against any claimant
against the government, shall be heard in this
court, provided that no suit against the govern
ment shall be allowed under this unless the
same shall have been brought within six years
after the right accrued for which the claim is
made. The District Court of the United States
shall have concurrent jurisdiction with the
Court of Claims to all matters named in the
preceding section, where the amount of the
claim does not exceed 81. 900. and the Circuit
Courts of the United States shall have concur
rent Jurisdiction in all cases where the amount
of such claims exceeds 81 900 and does ex-
coed $40, 900. All cases brought and tried
der the provisions of this act shall be tried by
the court without jury.
Heretofore, in all disputed claims against the
government. the citizen obliged file
claim in the Court of Claims at Washington, and
there await the tardy action of that court.
necessarily tardy account of business
stantly accommodating on it's hands According
to the law as it stands John Smith can
enter suit against the United States just the
same as he could suit against John Jones,
either in the District or Circuit court of the
United States the district in which he is a
citizen, and according to the amount of his
caim-that is to say, il within 81 900. in the
District Court; or. if upwards of 81, 900 and I'M
der $40, 900, in the Circuit Court of the United
States.